“If they aren’t paying child support, why should I let them see the kids?”
This is one of the most common questions we hear from frustrated parents. When child support payments fall behind, emotions often run high. You may feel disrespected, angry, or financially overwhelmed. In these moments, the idea of withholding visitation can feel like the only leverage you have left. But before making that decision, it’s important to understand the legal consequences—and how the court views the connection between visitation and child support.
At Daniel Ogbeide Law, we represent families across Houston dealing with child support disputes and custody conflicts. Our team of family law and litigation attorneys helps parents understand what they can and cannot do when obligations are not being met. If you’re stuck in a situation where your co-parent is behind on support, this blog will help clarify your rights, risks, and the best legal steps to take.
This article will explain why visitation and child support are treated separately under Texas law, what legal consequences can result from refusing access, and what better options exist when support is unpaid.
Why Parents Often Feel Justified in Withholding Visitation
It’s easy to understand the frustration. If one parent is ordered to pay child support and consistently fails to do so, the other parent may feel they are carrying the full burden. This imbalance can affect rent, groceries, healthcare, and even school supplies.
However, the court doesn’t see missed payments as a reason to block access. In the eyes of Texas law, child support and visitation are two entirely separate legal matters. Failing to pay support doesn’t mean a parent loses their right to see their child.
Withholding access may feel morally justified—but it is legally risky.
What Texas Law Says About Visitation and Support
Here’s what every parent should know:
- Child support orders are enforced independently from visitation orders.
- Visitation cannot be denied solely due to late or missed support payments.
- Both parents are expected to comply with all aspects of their court orders, regardless of the other’s behavior.
If a parent denies visitation that has been ordered by the court, they could be held in contempt, even if the other parent is behind on support.
Consequences of Withholding Visitation
Parents who unilaterally decide to withhold access may face serious legal consequences:
- Contempt of court charges, which may result in fines or even jail time
- Modification of the custody order in favor of the non-custodial parent
- Loss of credibility in future court hearings related to custody or support
Judges do not respond well to “self-help” measures—meaning taking enforcement into your own hands. Courts expect parents to follow legal procedures rather than retaliate.
What You Should Do If Child Support Isn’t Being Paid
Instead of refusing visitation, the better legal course is to file a motion to enforce the child support order. Texas offers several tools to collect unpaid support:
- Tax refund intercepts
- Suspension of licenses(driver’s, professional, hunting, etc.)
- Liens on property
- Contempt proceedings
You can also request help from the Texas Attorney General’s Child Support Division, which offers enforcement services at no cost.
If you’re unsure where to begin or feel overwhelmed, a child visitation attorney or support enforcement lawyer can help guide you through this process.
Common Myths About Child Support and Visitation
There are several misunderstandings that often cause problems in co-parenting situations:
- Myth: If they don’t pay, I can stop visits.
Fact:That’s a violation of a court order and can backfire legally. - Myth: If I let them visit, it looks like I’m okay with the unpaid support.
Fact:Enforcing visitation does not waive your right to collect overdue support. - Myth: Denying visits puts pressure on them to pay.
Fact:It usually leads to more court involvement, and not in your favor.
So, What Can You Do to Protect Your Child and Your Rights?
If you’re in a situation where you’re not receiving support and are considering withholding access, take a step back and speak to a qualified legal professional. A child visitation lawyer who understands Texas family law can help you explore enforcement options that don’t risk violating your own court orders.
Whether it’s modifying the current order, requesting enforcement, or reassessing custody arrangements, legal guidance can keep you on the right side of the law—and protect your relationship with your child.
Feel Stuck Between Two Unfair Choices? You Don’t Have to Be.
At Daniel Ogbeide Law, we’ve worked with countless parents dealing with late support, complex custody orders, and tense co-parenting relationships. As one of the leading family law and litigation attorneys in Houston, we understand that these situations require both legal strength and practical guidance.
If you’re unsure how to enforce child support or are being wrongly accused of withholding visitation, reach out to us. Our team includes experienced child visitation attorneys in Houston who can help you take the right legal action—without putting yourself at risk.
Contact Daniel Ogbeide Law today to schedule a consultation. Let us help you protect your rights, your child’s wellbeing, and your future.